Megan Sigur

March 25, 2011

California Must Conduct New Environmental Review for Global Warming Regulations

A California judge recently ruled that the California Air Resources Board failed to fully consider public comments and alternatives, such as carbon taxes and direct regulations, to the cap-and-trade program. Environmental groups filed the challenge to the cap-and-trade program, highlighting environmental justice concerns. The final order, detailing the injunction is forthcoming.

Source:

Margot Roosevelt, California's Bid to Curb Global Warming Could Soon Get Back on Track, L.A. Times, March 23, 2011, http://www.latimes.com/business/la-fi-climate-court-20110323,0,2026986.story.

EPA's Greenhouse Gas Rule Expected to Provide Fodder for the 2012 Election

On March 22, the U.S. Court of Appeals for the District of Columbia Circuit announced the briefing schedule for consolidated cases on EPA's greenhouse gas rule. Oral arguments are schedule to continue into the beginning of next year, and a ruling is not expected until later in the year. A decision unfavorable to the rule will likely be touted by GOP presidential candidates and pose problems for the Obama administration at the height of the campaign season.

Source:

Litigation Schedule Ensures 2012 Campaign Focus on EPA's GHG Rules, InsideEPA, March 22, 2000, http://stevens.vermontlaw.edu:2094/201103222358519/EPA-Daily-News/Daily-News/litigation-schedule-ensures-2012-campaign-focus-on-epas-ghg-rules/menu-id-95.html.

NRC to Review All U.S. Nuclear Power Plants

The NRC announced on Wednesday that it will conduct a two-step review of nuclear power plants in the wake of the Japan nuclear emergency. A short-term review will be completed within three months and a long-term analysis, focusing on what the NRC can learn from the Japan crisis, will be finished by the end of this year.

Source:

Matthew Daly, NRC Launches Review of U.S. Nuclear Power Plants, Huffington Post, March 23, 2011, http://www.huffingtonpost.com/2011/03/24/nrc-us-nuclear-power-plant-review_n_839967.html.

U.S. Supreme Court Denies Cert on Environmental Search Case

This Monday the Supreme Court declined to hear an environmental search case from the Superior Court of New Jersey. New Jersey residents alleged a violation of their fourth amendment search and seizure rights when a state official collected soil samples from their land without permission. The sample was taken due to suspicion that the residents were disturbing the wetlands at the back of their property. Four justices voted to grant cert, and Justice Alito issued a written opinion on the matter.

Source:

Lawrence Hurley, Supreme Court Decides--Narrowly--Against Hearing Enviro Search Case, N.Y. Times, March 21, 2011, http://www.nytimes.com/gwire/2011/03/21/21greenwire-supreme-court-decides-narrowly-against-hearing-5079.html.

Official Report Sheds More Light on BP Oil Spill

An official report, issued Wednesday, attributes last year's tragic oil spill to faulty design of the blowout preventer that should have stopped the oil flow after the blowout. The blowout preventer was designed by Cameron and maintained by Transocean Ltd. A government panel is expected to release a report later in the year identifying who is blame for the spill.

Source:

Design Flaw, Stuck Pipe Tied to BP Disaster, MSNBC, March 23, 2011, http://www.msnbc.msn.com/id/42234737/ns/us_news-environment.